January 13, 2021 Feature

Non-Federal Infrastructure Projects and the U.S. Army Corps of Engineers in the Federal Courts: The Dakota Access and Keystone XL Pipelines

By Ann D. Navaro, Britt C. Steckman, Margaret B. Beasley, and Brittney E. Justice

Two 2020 cases implicating construction and operation of oil pipelines have made national headlines, raising questions about the U.S. Army Corps of Engineers’ use of certain authorities to authorize not only the specific projects at issue but also other types of infrastructure projects. This article focuses on these two key cases, which have captivated project developers, state and federal governmental regulators, environmental activists, and a veritable army of lawyers.

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